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Mosaic Community Association, Inc.

Facilities Use Agreement

Access Card and Gate Code Policy

Access Cards are the sole property of Mosaic Community Association, Inc. (the "Association" or “Mosaic”) and are issued to Owners for their use. Access Cards can only be used by Owners or those designated by Owners. A resident must accompany all guests while using each facility.

Issued Access Cards. Access Cards will only be issued to Owner(s), other permanent occupants, and one third party individual who is certified as a caregiver indicated in the "Caregiver Statement" below, per household in Mosaic to gain entry into controlled access Facilities.

Lost Cards. Owners must immediately report a lost card and pay a Lost Card Fee of $25.00 before a replacement card will be issued.

Returning Cards. Owner(s) are required to return all issued Access Cards to the Association prior to selling their home. Once the Association receives a request for Resale Certificate for a property and the issued cards have not been returned to the Association, a charge of $75.00 per unreturned/lost Access Card will be added to the required Resale Certificate.

Facility Use: No resident is allowed to bring an outside group, organization, business, or person onto Mosaic facilities to use without providing a Certificate of Insurance with Mosaic Community Association, Inc. listed as an additional insured and with the specific minimums provided by the Association. In addition, there will be a $100 annual fee for the operational use of our facilities by the outside group, organization, person, or business. Reservation policies are still in affect and all scheduling must be approved by Mosaic Community Association, Inc.

Off-site Trips: All residents understand and agree that Mosaic Community Association, Inc., its agents, staff, or representatives, are not held liable for any damage, theft, injury, or death relating to any off-site trips sponsored by the Association. This includes off-site events where transportation is provided by the Association and events where no transportation is provided.

I/we ("I/"we") am a member(s) of the Association. For the purposes of this Agreement, "Association" shall include its officers, directors, agents, employees, manager, and staff. I hereby ACKNOWLEDGE AND AGREE THAT, in consideration for the Association, Tellus Texas I, LLC (“TT”), and Tellus-Celina, LLC ("TC"), and each of their affiliates, parent companies, officers, directors, partners, managers, agents and employees (together, the Association, TT, and TC, are referred to as "Mosaic"), granting me access to the Amenity Center, Pickleball Courts, Sand Volleyball Court, Event Lawn, Lazy River, Swimming Pools, Splash Pools, Fitness Center, Tree House, Fishing Docks, Outdoor Grills, Hike & Bike Trails, and any other common amenities of Mosaic (the "Facilities"), for my voluntary personal use for physical, relaxation, and other activities, I will be bound by the terms, conditions, and provisions of this Facilities Use Agreement (this "Agreement"). I agree that access to and use of the Facilities is AT MY OWN RISK and that Mosaic does not, by provision of the Facilities, assume any responsibility or liability to me, my family members, my guests, tenants, occupants, agents and/or invitees (collectively, "My Guests").


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I ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOSAIC FROM ALL LIABILITY ASSOCIATED WITH USE OF THE FACILITIES, BY MYSELF AND MY GUESTS.

Cardholder(s) Initials:


Furthermore, I accept the current and future condition of the Facilities and the property on which the Facilities are located (the "Property") as is and with all faults. I understand that Mosaic does not make implied or express representations or warranties of any kind whatsoever regarding the Facilities and the Property, including, but not limited to, the safety or security of the Facilities and the Property, the compliance of the Facilities and the Property with any applicable law, or the fitness for any use by me or My Guests. I understand that no affirmation of Mosaic, by words or actions, shall constitute a warranty of any kind whatsoever.

IN ADDITION, I UNDERSTAND THAT MOSAIC SHALL NOT BE LIABLE TO ME OR MY GUESTS FOR ANY DAMAGE TO PERSON OR PROPERTY PROXIMATELY CAUSED BY ANY OF MY ACTS, OMISSIONS OR NEGLECT, OR THE ACTS, OMISSIONS OR NEGLECT OF MY GUESTS; AND I AGREE TO INDEMNIFY AND HOLD HARMLESS MOSAIC FROM ALL CLAIMS, DEMANDS, ACTIONS, SUITS, AND LIABILITIES, OF ANY KIND WHATSOEVER, FOR ANY SUCH DAMAGE, INCLUDING BUT NOT LIMITED TO PAYING MOSAIC’S LEGAL FEES AND EXPENSES FOR DEFENDING ANY RESULTING LAWSUIT. MOSAIC SHALL HAVE THE EXCLUSIVE RIGHT TO SELECT DEFENSE COUNSEL. I UNDERSTAND THAT MOSAIC SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE TO PERSON OR PROPERTY PROXIMATELY CAUSED BY ANY ACT, OMISSION, OR NEGLECT OF MOSAIC.

Furthermore, I understand that the use of the Facilities is a privilege that may be suspended for a length of time to be determined by the Association's Board of Directors if: (1) any assessments, fines, fees or other amounts are unpaid to Mosaic; (2) my property or home is in violation of any of the governing documents; (3) me or My Guests violate any limits on behavior, Pool or Facility Rules or other rules, policies or provisions of Mosaic, or other governing documents of Mosaic; and/or (4) I or members of my immediate family have asserted claims against and there is unresolved pending litigation against Mosaic.

 RELEASE OF MOSAIC

I HEREBY RELEASE, ON BEHALF OF MYSELF AND ANY MINOR CHILD TO WHOM I AM GUARDIAN, AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, MOSAIC, AND ALL DIRECTORS, OFFICERS, PARTNERS, AFFILIATES, PARENT COMPANIES, MANAGERS, EMPLOYEES, AGENTS, MANAGERS AND/OR STAFF OF MOSAIC FROM LIABILITY FOR ANY CLAIMS, DEMANDS, AND CAUSES OF ACTION WITH RESPECT TO THE FACILITIES OR THE PROPERTY.

Cardholder(s) Initials:


 ACKNOWLEDGMENT AND AGREEMENT

If any provision of this agreement shall be found to be illegal or unenforceable by a court of competent jurisdiction, such term or provision shall be re-interpreted or adapted to the changed conditions in such a way that the purpose desired by such provision is achieved to the maximum possible extent. If the court determines such action is not feasible, then any such provision shall be severable, and the remainder of this agreement shall continue to be given full force and effect.

Cardholder(s) Initials:


I have read and understand this release, including the Facility Card Policy above, and the rules applicable to the Facilities as found in the Mosaic Community Manual and agree to abide by those rules and all other rules, regulations, policies, Architectural Guidelines, or other Governing Documents of the Association as set forth in the Mosaic Master Covenant. I acknowledge that the Facility Rules and other rules and regulations of the Association may be changed from time to time. The current rules are available at the Association’s Office.


First Participant's Name
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First Participant's Date of Birth*
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Second Participant's Name
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Third Participant's Name
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Fourth Participant's Name
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Sixth Participant's Name
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Seventh Participant's Name
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Eighth Participant's Name
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Ninth Participant's Name
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Participant's Date of Birth*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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